EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE – In General

Single Topic for Decision 2773M

View all topics for Decision 2773M

Full Decision Text (click on the link to view): Full Text

Well before PERB assumed jurisdiction over the Meyers-Milias-Brown Act (MMBA) in 2001, local agencies were authorized to make initial determinations as to the appropriateness of bargaining units. The standard then, as now, is whether such a determination is reasonable. The mere fact that a local rule allows for a local agency’s agent or governing board to have the final authority on representation issues does not make the rule unreasonable. Thus, the Employee Relations Ordinance did not facially violate the MMBA merely by vesting the City Manager with the authority to process and hear unit determination petitions. (pp. 20-21.)